Terms and Conditions of Use

These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement between you and LN Welsh MD Anesthesiologist LLC (“Company,” “we,” “us,” or “our”) governing your access to and use of PreOpApp™ Kids (the “App”), the website located at www.preopapp.com, and any related content, features, and/or services (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY.

By downloading, accessing, or using the App, you agree to be bound by these Terms.

If you do not agree, you must not use the App.

A. PURPOSE AND SCOPE

PreOpApp™ Kids is a non-clinical, educational, and preparatory digital tool intended to help children, teens, and families emotionally and cognitively prepare for medical procedures.

In addition to general educational content, the App may provide procedure-specific preparation workflows, reminders, and instructions that are synchronized from a user’s healthcare provider or electronic medical record (EMR), where authorized.

The App provides general educational information, interactive activities, calming techniques, and provider-directed preoperative preparation content only.

THE APP IS NOT A MEDICAL DEVICE, DOES NOT PROVIDE DIAGNOSIS OR TREATMENT, AND DOES NOT REPLACE PROFESSIONAL MEDICAL JUDGMENT. HOWEVER, CERTAIN CONTENT MAY BE PROVIDED AT THE DIRECTION OF A USER’S HEALTHCARE PROVIDER FOR PREPARATORY PURPOSES.

B. ELIGIBILITY AND COPPA COMPLIANCE

1. Age Requirements

Users must be at least 13 years old to create an account.

Children under 13 (“Child Users”) may only use the App through a Parent or Legal Guardian account.

Teens ages 13–17 may create and manage their own accounts, subject to provider policy and applicable law. Certain features may require parent or guardian involvement depending on the healthcare context.

2. Parental Consent

By allowing a Child User to access the App, the Parent or Legal Guardian:

a. Provides verifiable parental consent under the Children’s Online Privacy Protection Act (“COPPA”);

b. Represents they are the child’s legal guardian;

c. Consents to the collection and use of the child’s information as described in our Privacy Policy; and

d. Assumes full responsibility for the child’s use of the App.

Parents may review, delete, or restrict their child’s data at any time in accordance with applicable law.

C. ACCOUNT RESPONSIBILITY

You are responsible for maintaining the confidentiality of your account credentials and all activity occurring under your account, whether authorized or not.

Parents and legal guardians are responsible for all activity conducted by Child Users through their accounts.

D. NO MEDICAL ADVICE; ASSUMPTION OF RISK

THE APP DOES NOT PROVIDE MEDICAL ADVICE.

All content is for general educational and informational purposes only and must not be relied upon for diagnosis, treatment, or medical decision-making.

You acknowledge and agree that:

a. Medical decisions must be made with qualified healthcare professionals;

b. You assume all risks arising from use of the App; and

c. The Company bears no responsibility for clinical outcomes.

E. LICENSE AND ACCEPTABLE USE

Subject to compliance with these Terms, we grant you a limited, non- exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.

You may not:

a. Copy, reproduce, distribute, or commercially exploit the App or content;

b. Reverse engineer or access source code;

c. Circumvent security measures;

d. Scrape, automate, or mine data;

e. Use App content to train or validate AI or machine-learning systems without written consent; or

f. Interfere with Epic, FHIR-based integrations, or other connected healthcare systems.

F. PRIVACY AND DATA HANDLING

Your use of the App is governed by our Privacy Policy, which is incorporated by reference and forms part of these Terms.

The App may collect and process personal information, including limited health-related and preparation-related data, solely to provide the Services described, including educational content, reminders, preparation workflows, and authorized healthcare system integrations.

If the App connects to a healthcare system or patient portal (including Epic MyChart):

  • Data may be transmitted using secure, industry-standard encryption
    and FHIR-based interfaces;
  • The App does not collect or store patient-portal usernames or
    passwords;
  • The App processes only the minimum data necessary to support
    authorized preparation features;
  • Certain information you submit (such as readiness confirmations or
    screening responses) may be shared back with your healthcare
    provider where enabled.

The Company does not sell personal information, does not share personal information for cross-context behavioral advertising, and does not use personal information for targeted advertising or automated decision-making producing legal or similarly significant effects.

We do not sell or share personal information of consumers we know are under 16 years of age.

The Company is not a HIPAA “covered entity.” When acting as a service provider or business associate under a written agreement with a healthcare provider, the Company complies with applicable HIPAA Privacy, Security, and Breach Notification Rules with respect to protected health information.

We do not sell personal information and do not share personal information for cross-context behavioral advertising.

We do not use personal information for targeted advertising or profiling.

If these practices change in the future, we will update the Privacy Policy and Terms and provide legally required opt-out mechanisms, including honoring recognized browser-based opt-out signals where applicable.

G. EPIC AND HEALTH SYSTEM INTEGRATIONS

1. Third-Party Systems

Healthcare systems, including Epic and affiliated patient portals, are independent third parties.

While the App may securely exchange limited data with these systems, the Company does not control provider content, medical decisions, scheduling accuracy, or clinical outcomes.

2. Epic-Specific Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless the Company from any claims, liabilities, damages, or losses arising from:

Errors, outages, or inaccuracies originating in Epic or other EMR systems;

Misconfiguration or misuse of EMR integrations by healthcare providers;

Reliance on data transmitted from third-party healthcare systems.

H. ENTERPRISE / HOSPITAL DEPLOYMENT ADDENDUM

If the App is provided through or endorsed by a hospital, health system, school, or enterprise entity (“Enterprise User”):

Certain data processing, retention, and access rights may be governed by the Enterprise User’s policies and applicable healthcare laws.

Where information forms part of a medical record, access and correction rights may be governed by the healthcare provider rather than the Company.

The App is provided as an educational adjunct only and does not replace informed consent, clinical counseling, or provider judgment.

No agency, partnership, or joint venture is created between the Company and any Enterprise User.

I. INTELLECTUAL PROPERTY

All App content, software, characters, designs, trademarks, and proprietary features are owned by LN Welsh MD Anesthesiologist LLC or its licensors.

PreOpApp™, PreOpApp Kids™, Mandala Sync™, and Little Hottie™ are registered or pending trademarks.

No rights are granted except as expressly stated.

J. DISCLAIMER OF WARRANTIES

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.”

We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, availability, and non-infringement.

K. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

We are not liable for indirect, incidental, consequential, special, or punitive damages, including personal injury, emotional distress, data loss, or loss of use.

TOTAL LIABILITY SHALL NOT EXCEED USD $100 OR THE AMOUNT PAID, IF ANY, IN THE AGGREGATE, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP.

L. INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its officers, employees, contractors, and affiliates from any claims arising out of:

Your use or misuse of the App;

Violation of these Terms;

Violation of law or third-party rights.

M. BINDING ARBITRATION AND CLASS ACTION WAIVER

1. Arbitration

Any dispute arising out of or relating to these Terms or the App shall be resolved by binding arbitration, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

2. No Class Actions

YOU AGREE TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS.

You waive the right to participate in any class, collective, or representative action.

All arbitrations shall take place in Florida, unless the parties agree otherwise.

3. Exceptions

Either party may seek injunctive relief in court for intellectual property violations.

N. TERMINATION

We may suspend or terminate access at any time, with or without notice, for any reason.

All rights granted terminate immediately upon termination.

O. MODIFICATIONS

We may update these Terms at any time.

Continued use of the App constitutes acceptance of the revised Terms.

P. GOVERNING LAW

These Terms are governed by the laws of the State of Florida, excluding conflict-of-law principles.

Q. SEVERABILITY

If any provision is held unenforceable, the remaining provisions remain in effect.

R. CONTACT INFORMATION

Depending on your state or country of residence, you may have rights to access, correct, delete, or obtain a copy of your personal information, subject to applicable law and healthcare record requirements.

You may exercise these rights by contacting privacy@preopapp.com. Identity verification may be required.

You may review or update certain account information through your account settings.

LN Welsh MD Anesthesiologist LLC

support@preopapp.com